1 2025:CGHC:54890 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7872 of 2025 Suraj Chaure S/o Shri Manoj Chaure, Aged About 28 Years R/o Daldal Seoni, Shivaji Nagar, Mowa P.S. Pandri, Distt. Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through P.S. Pandri, Distt. Raipur (C.G.) ...Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 220/2025 registered at Police Station - Pandri, District - Raipur (C.G.) for the offence under Section 20A of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 25 and 27 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.12 12:26:35 +0530 2 2. The case of the prosecution, in brief, is that on 19.08.2025, the police of Police Station Pandri, District Raipur (C.G.), received secret information that, the applicant is in the possession of contraband and a weapon. Acting upon the said information, the police conducted a raid and seized one weapon namely, Talwar, Well as 30 packets containing a psychotropic substance, namely 'Ganja', in total of 142 grams. 3. The applicant is innocent and has neither been directly involved in, nor has any connection with. There is no legal material or evidence available on record constituting any offence as alleged by the prosecution. The applicant is a young boy aged about 28 years and is the sole earning member of his family; his continued detention is causing undue hardship to his dependents. As the trial is likely to take considerable time for its conclusion, the applicant deserves to be released on bail. The applicant is a permanent resident of District Raipur, and there is no likelihood of his absconding or tampering with the prosecution witnesses. The applicant is ready to furnish adequate surety and shall abide by all the directions and conditions that may be imposed by this Hon’ble Court, therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has two criminal antecedents, therefore, he is not entitled for grant of regular bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the contraband article i.e. Ganja was recovered from the possession of the applicant, which is less than commercial quantity. Also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 19.08.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Suraj Chaure involved in Crime No. 220/2025 registered at Police Station - Pandri, District - Raipur (C.G.) for the offence under Section 20A of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 25 and 27 of the Arms Act, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaibhav